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(영문) 서울북부지방법원 2016.11.24 2015가합26928
건물인도
Text

1. Defendant V delivers to the Plaintiff the real estate set forth in the [Attachment 16] No. 16.

2. The plaintiff's remainder.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Nonparty AH reconstruction and improvement project association (hereinafter “non-party AH reconstruction and improvement project association”)

The former Housing Construction Promotion Act (wholly amended by Act No. 6916, May 29, 2003; hereinafter referred to as the “former Housing Construction Promotion Act”) on February 7, 2003 to promote a reconstruction project of three units AH-affiliated houses on the 13th ground, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and 13 lots of land.

The reconstruction project partnership is established pursuant to the reconstruction project partnership. The non-party partnership is a non-party AJ Co., Ltd. (hereinafter “AJ”) around July 2010.

B) On the land provided by the non-party partnership, AJ implements the removal of existing buildings, new construction of apartment and auxiliary and welfare facilities on the land provided by the non-party partnership, and the construction cost shall be the liquidation amount of the association members and the sale price for the general sale portion (hereinafter “instant construction contract”).

2) AJ completed the new construction work of apartments around March 201.

(hereinafter referred to as “the apartment of this case”). The apartment of this case is composed of 20 square meters and 20 square meters and 30 square meters and 38 square meters and 58 households. The whole of 20 square meters and 20 square meters and 30 square meters and 8 households are the share of the non-party association in lots, and the remaining 30 square meters and 30 households are the share of the general unit that will be appropriated for the construction cost of AJ.

3) On April 9, 2012, the non-party union and the AJ obtained a permit from the head of Nowon-gu in Seoul Special Metropolitan City to use the apartment of this case prior to the approval of completion (the period of a provisional use permit: the period of permission to use the apartment of this case until December 30, 2012). 4) The non-party AK, the creditor of the non-party union, filed an application for a compulsory auction on the non-party partnership's share of 13 parcels out of the site of this case including the real estate of this case as shown in attached Table 1 (hereinafter "the real estate of this case"), and the non-party AK filed a compulsory auction on the non-party partnership's share of 14 parcels out of the site of this case, and on the 33 households out of the apartment of this case (the non-party partnership's share of general sale 30 units) on July 24, 2012

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